KAMESHWAR PRASAD versus STATE OF BIHAR AND ORS.

KAMESHWAR PRASAD versus STATE OF BIHAR AND ORS.

The appellant, being a surplus Vaccinator, was entitled to absorption in an equivalent post as per merit among surplus employees. Upon absorption, he is to be considered for promotion as Clerk strictly in accordance with the applicable resolution and entitlement on par with other candidates. He is also entitled to salary for the period he worked as Clerk.

Parties
Appellant: Kameshwar Prasad; Respondents: State of Bihar and Ors.
Jurisdiction
India
Judgment Date
11 September 1995
Procedural Posture
Civil Appeal / Appeal Against the Orders of the Patna High Court in C.w.j.c. No. 13022/92 and M.c.r. No. 42 of 1993.
Outcome
Appeal allowed to the extent indicated, without costs.
Legal Topics
Absorption of Surplus Employees, Implementation of Government Resolution, Promotion in Public Employment
Service Law Absorption of Surplus Employees Implementation of Government Resolution Promotion in Public Employment

Case Brief

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Parties

Kameshwar Prasad

Appellant

State of Bihar and Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal Against the Orders of the Patna High Court in C.w.j.c. No. 13022/92 and M.c.r. No. 42 of 1993.

Legal Issues

  1. 1 Whether the appellant was entitled to absorption in an equivalent post after the Small Pox Eradication Scheme was disbanded
  2. 2 Whether the appellant's promotion as Clerk was valid in terms of the relevant government resolution

Ratio Decidendi

The appellant, being a surplus Vaccinator, was entitled to absorption in an equivalent post as per merit among surplus employees. Upon absorption, he is to be considered for promotion as Clerk strictly in accordance with the applicable resolution and entitlement on par with other candidates. He is also entitled to salary for the period he worked as Clerk.

Court Disposition

Appeal allowed to the extent indicated, without costs.

Orders

  • Competent authority is directed to absorb the appellant in an equivalent post as per his merit among surplus employees, as soon as his turn comes.
  • On absorption, appellant's case shall be considered for promotion as Clerk in accordance with the resolution.